CENTRAL WAREHOUSING CORPORATION BHOPAL Vs. M P STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD A

JUDGEMENT

(1.) The petitioner before this Court has filed this present writ petition being aggrieved by the alleged illegal dispossession of the petitioner from the land leased out to them by respondent No.1 and 2. Petitioner is also aggrieved by the action of respondent No. 1 and 2 in allotting the land to a third person. The contention of the petitioner is that respondent No.2 M. P. Audyogik Kendra Vikas Nigam Ltd., Indore alloted a piece of land measuring 40470 sq.m., to the petitioner Corporation vide allotment letter dated 7/2/1986 and a registered sale deed was executed on 6/1/1992. Petitioner has further stated that the petitioner Corporation was served with a notice on 27/9/2000 for cancellation of lease deed in respect of 15625 sq.m., of land and thereafter a reminder was also issued by the respondent No.2 Corporation and finally the lease deed in respect of 15625 sq.m., was cancelled on 5/9/2001. The petitioner Corporation preferred an appeal before the appellate authority and the appeal of the petitioner Corporation in respect of cancellation of the lease deed was dismissed on 24/10/2001. The petitioner Corporation has thereafter preferred a Civil Suit being aggrieved by the cancellation of the lease deed before the Civil Judge, Class I, Dhar and the Civil Judge, Class I, Dhar while deciding the Civil Suit vide judgment dated 9/11/2006 has held that the petitioner Corporation (Plaintiff) has violated the terms and conditions of the lease deed dated 24/9/1991. However, it was observed that the respondent No.2 Corporation shall be free to evict the petitioner by following the prescribed procedure.

(2.) Learned counsel for the petitioner has also stated before this Court that a first appeal was preferred before the District Judge, Dhar by the petitioner Corporation and the first appeal was dismissed on 20/5/2011. It has also been stated that a second appeal is now pending before this court, however, no interim order has been granted by this Court in the second appeal. Petitioner's grievance is that the land in question has now been alloted to respondent No.3 and respondent No.3 has now started construction activities in respect of the land alloted to him and, therefore, the respondent No.3 should be restrained from proceeding ahead in the matter.

(3.) A reply has been filed by the respondent No.2 M. P. Audyogik Kendra Vikas Nigam Ltd., Indore and it has been stated that the controversy in respect of cancellation of lease deed has already been adjudicated by the learned Civil Judge in C.S.NO. 28-A/2002, vide order dated 9/11/2006 and the first appeal preferred by the petitioner after expiry of about 3 years was dismissed on 20/5/2011. The respondents have also stated that in compliance to the judgment and decree passed in C.S.NO. 20-A/2002, proceeding were initiated under the provisions of MP Lok Parisar Bedakhali Adhiniyam, 1974 and the appropriate authority, after hearing the petitioner has passed the order dated 12/5/2009 dispossessing the petitioner from the impugned land. The respondent No.2 has further stated that after obtaining possession of the impugned land in the year 2009, the same was alloted to respondent No.3 on 15/3/2010 and respondent No.3 was placed in possession of the disputed land on 14/5/2010. A registered lease deed was also executed on 20/4/2010 in favour of respondent No.3 and respondent No.3 has also started construction work over the land in question. The contention of the petitioner No.2 is that once the cancellation of lease has been upheld by the learned Civil Judge and proper proceedings were initiated under the provisions of MP Lok Parisar Bedakhali Adhiniyam, 1974 and an order was passed on 12/5/2009, the petitioner cannot approach this Court by filing a writ petition without challenging the order dt. 12/5/2009 passed under the provisions of MP Lok Parisar Bedakhali Adhiniyam, 1974.